Legal Opinion
Stewart v. Astrue
Court of Appeals for the Seventh Circuit
Decided April 2, 2009No. 08-1739PublishedCited by 384 opinions
1Per curiam
A magistrate judge, presiding by consent, overturned the denial of Social Security disability benefits to Jennifer Stewart and remanded her case to the agency, but then denied her application for attorney’s fees. The magistrate judge concluded that the Commissioner of Social Security was substantially justified in opposing Stewart’s suit to overturn the denial of benefits, and thus Stewart was not entitled to an award of attorney’s fees. We reverse that determination and remand for entry of an award of fees.
I. BACKGROUND
In February 2003, Stewart applied for Disability Insurance Benefits and…
2Cases cited36 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Maureen Thomas v. Jo Anne Barnhart, Commissioner of the Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2002
- Jana M. Bayliss v. Jo Anne B. Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2005
- Donna J. Clifford v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Seventh Circuit · 2000
31 more not listed; retrieve them via the Exa API.
3Cited by384 opinions
- Winschel v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2011
- Melissa Varga v. Carolyn ColvinCourt of Appeals for the Seventh Circuit · 2015
- O'Connor-Spinner v. AstrueCourt of Appeals for the Seventh Circuit · 2010
- Parker v. AstrueCourt of Appeals for the Seventh Circuit · 2010
- Jelinek v. AstrueCourt of Appeals for the Seventh Circuit · 2011
379 more not listed; retrieve them via the Exa API.